General Terms & Conditions
Subject: General Terms & Conditions
1 – Summary
2 – Accommodation and Stay
3 – Price
4 – RESERVATION & PAYMENT
5 – Cancellation, no show, modification
6 – Responsibilities
7 – Treatment of complaints and disputes
8 – Protection of Personal Information
9 – Intellectual Property
10 – Modification of the general terms & conditions
1 – Summary
In order to secure our relations on a legal plan, we invite you to carefully read those General Terms & Conditions of sale that apply to the whole marketed products and services supplied by the Riad Al Ksar.
By purchasing those products, including online on the site www.alksar.com, the client declares to fully and without reserve accept the following terms and conditions.
Sarl Riad Al Ksar, with a capital of 40.000 Dhs, is recorded at the RCS under the number 37845 and operates the Guest house Riad Marrakech Al Ksar & Spa. Sarl Riad Al Ksar is assured with the INSURANCE COMPANY AXA for a multi risk policy hotel under number 02352014290053
2 – Accommodation and Stay
Type of Rooms
Riad Al Ksar has 10 rooms:
– 1 single room/double of approximately 13m2 including 2 single beds (80cmx200cm) of a person and a bathroom en-suite with shower.
– 6 double rooms of approximately 15 to 18m2 comprising 1 queen-size double bed (160cmx200cm) and more rarely 2 single beds as well as a bathroom en-suite with shower
– 2 suites of approximately 25m2 comprising 1 queen-size double bed (160cmx200cm) as well as a bathroom en-suite with shower and bathtub. The toilets are independent of the bathroom.
All rooms are soundproofed and have: heating in particular by renewable energy (solar), Air conditioning, WIFI, safe, professional bedding and quality linen upper.
Price of night includes breakfast. The addition of meals depends on the formula chosen. All additional drinks not included in the formula are to be paid to the Riad. The meals are generally served from 8h30 to 23h. The hotel is supplying drinking water but its quality is different than in Europe, the purchase of bottles of water is payable by the client. On the spot, the regulation of the hotel must be respected, including the opening hours of the restaurant and the bar, the places indicated to consume meals or drinks as well.
Check in / Checkout
In agreement with international Hspitality/Hotels rules, rooms are at the disposal of the customer from 1.30pm. On the day of departure, rooms will need to be released at 11am at the latest – for any later departure, an extra day will be charged. The Direction may optionally, if possible, authorize a late check out. It is recommended to customers, in particular in the case of a late arrival, to inform the hotel of their of arrival time, via the Internet site by example. The hotel reception is open 24h/24h.
Activities proposed during the stay
In High or Low season, a part of the facilities of the Riad (restaurant, swimming pool, spa etc.) can be closed and construction work may occur. In general, the animation and the activities may vary in intensity depending of the occupation of the establishment and climatic conditions. It may happen particularly in high season that the number of umbrellas, deck chairs, etc., is inadequate. The schedules and openings of the bar, restaurant, spa, swimming pool can be irregular and depend on the direction.
The Riad Al Ksar proposes external activities; those may present risks especially for young children. The responsibility of the society Riad Al Ksar cannot be committed in the event of an incident or accident due to a breach of vigilance on your part.
It may happen that some external activity indicated on the site www.alksar.com are deleted by our local service provider in particular for climatic reasons, in the case of force majeure, low tourist season, or when the minimum number of participants required for the realization of the activity is not reached. In such cases the responsibility of Sarl Riad Al Ksar cannot be engaged concerning the external activities purchased directly at the hotel or on the site www.alksar.com.
Baggage and Personal Effects
The hotel cannot be held responsible for theft, loss or damage to baggage and personal effects stored by customers in the common parts of the hotel, not in designated areas or in the room locked or in their vehicle on the car parks nearby. During the check in and checkout, the luggage must be stored in places designated by the Direction. Valuable items (passport, jewelry, means of payment..) without monitoring will have to be preserved in the safe deposit lockers in the rooms or the hotel reception otherwise the hotel will not be held responsible in case of theft or loss.
Due to the specific architecture of Riad (presence of balconies, terraces, passageways, basins), the hotel can presents some dangers, particularly for young children. The access to the Riad being without monitoring, customers will ensure has their own security and ensure completely that of their children and people under their responsibility at any time. The hotel cannot be held responsible for a possible dangerous and imprudent behavior of the client.
The establishment has a spa steam, and a swimming pool free of access and without monitoring, customers will need to be assured to be in good physical condition and in good health and be able to use. They will also ensure to have taken knowledge of safety and use specific instructions, displayed close by the steam room and the swimming pool, and they will ensure to have understood them and comply with it. If this is not the case, they will need to be informed before any use of those equipments.
It is recommended that, particularly to people (with a physical fragility, pregnant, not accustomed to heat of the spa and to swimming pools or in the doubt) to be vigilant and to consult a doctor before any use of the spa. In the event of death, accident or injury due to non-compliance with these Rules, the hotel cannot be held responsible
The Riad Al Ksar is situated in the Medina of Marrakech, at 50m from a practicable street. The access to the riad is unfortunately not adapted to persons with disabilities although the hotel has 2 rooms on the ground floor.
3 – Prices
On the website www.alksar.com, prices are expressed in euros and any order online is guaranteed and payable by bank card in Moroccan dirhams. The payments by card in Dirhams is carried out at the exchange rate of the hotel and is subject to Banking Commissions (in Morocco and in the country of the customer). To obtain other alternatives of payments in euros or in Swiss francs, without charge, the customer must contact the hotel at the time of its reservation.
The Riad Al Ksar reserves the right to modify its prices of nights, packages and other services at any time. The stays are all billed on the basis of the rates displayed and written at the time of the booking. The prices are all VAT included. The prices do not include the City Tax/Local Tax and additional purchases. Our online offers and prices are valid as long as they are visible on the site, until the end of the availability, and may vary in real time.
4 – Reservation & Payment
Reservation of room is performed by “type of room” (Single, Double, suite). The Direction will attribute a preferential room depending on availability.
Any online booking must be accompanied by a guarantee by credit card OR the payment of a deposit by credit/debit card – Visa, Mastercard – OR a bank transfer and be the subject of a written confirmation by the direction of the hotel.
In the exceptional event of non confirmation of the reservation online, the client should notify the Riad Al Ksar within 72h of the reservation.
The other type of reservations (done by telephone or e-mail) are payable under the same conditions above.
In case of the absence of means of payment, the reservation will not be guaranteed by the Direction.
Any balance of the amount of the stay is payable upon arrival to the Riad.
In case of special offers or deals, the total amount of the stay will be payable at the time of the reservation.
Safety of the online Payment
The online payment uses on the site www.alksar.com is secured by the claimant Tecnes Milano through the system of encryption that the more efficient of the market, Secure Socket Layer (SSL) on HTTPS server.
To increase the security of payments, a control number from you is requested during your online purchases. The number of control, consisting of 3 digits, figure on the back of your credit card (for the American Express cards, it is the 4 digit number on the front of the card).
5 – Cancellation and Change
Cancellation of stay of the fact of the customer
In the event of the cancellation of a stay at the Riad Al Ksar because of the customer, the costs and fees due by customer are the following:
* Cancellation 14 days and more before the arrival (12am, local time): Free
* Cancellation less than 14 days or “no show” or shortened stay or modification (12am, local time): 100% of total stay due
* Cancellation of special offers or deals or “Early booking” are not possible: 100% of the total amount of the stay due. Not amendment or changes.
Riad Al Ksar disclaims all responsibilities concerning additional costs of cancellation that can happen for the reservations carried out on other internet website than the site www.alksar.com
All cancellation requests must be issued by e-mail or fax and must be followed by a confirmation of receipt of the part of the Riad Al Ksar.
The Sarl Riad Al Ksar disclaims all liability in the event of non receipt or non reconfirmation of a cancellation and could apply the costs of cancellation or “no show».
As a general rule, all major changes because of the customer are treated as a cancellation followed by a new command, causing payment of cancellation fees.
The Direction may, at its sole discretion, eventually reimburse all or part of the stay cancelled in case of possible resale to a third party OR a new reservation of the same client.
Cancellation of the external activities because of the customer.
In case of cancellation because of the customer of external activities to the Riad Al Ksar, the fees to the customer are the following:
* Visits / Attractions / products of short duration (up to a day), not including a train ticket or car rental and/or Night accommodation:
– More than 7 calendar days before the beginning of the benefits: 5% of the price.
– Between 7 and 3 calendar days before the beginning of the benefits: 20% of the price.
– Within 2 calendar days before the beginning of the benefits, the same day or after: 100% of the price (no refund).
* Visits / Attractions / products including a train ticket OR a car rental and/ORa night accommodation:
– More than 30 calendar days before the beginning of the benefits: 25% of the price.
– Between 30 and 15 calendar days before the beginning of the benefits: 50% of the price.
– Within 15 calendar days before the beginning of the benefits, the same day or after: 100% of the price (no refund).
The same procedure of cancellation than for stay is applicable.
Cancellation of the external activities because of the Riad Al Ksar or its Suppliers
In the case of a cancellation because of the Riad Al Ksar or its Suppliers, customers will be informed as soon as possible and will be propose an excursion in replacement for which the acceptance will be free without any obligation. In the case of non acceptance of the new proposed excursion, any amount possibly collected will be refunded without charge
Abandonment of Stay/ Shortened Stay:
No refund or compensation shall not be carried out in the event of early departure of the hotel due to: force majeure, minor OR for personal convenience (including strike, medical repatriation, etc.).
Changes to the essential elements of the reservation because of the Seller:
When, before the beginning of the stay of the client, the host is forced to make a change to one of the essential elements of the contract, the customer may, and after having been informed by fax, mail or telephone call:
– Either terminates his contract and obtains without penalty to the immediate reimbursement of the sums paid.
– Either to accept the amendment or the trip of substitution proposed by the seller.
An addendum to the contract specifying the changes is then accepted by the Partiesin this case and:
– Any decrease in prices comes as a possible deduction of the amounts remaining due by the client, and
– If the full payment is already done and exceeds the price of the service as amended, the exceeded amount must be returned before the date of client`s departure.
Termination of the accommodation because of the seller
The Sarl Riad Al Ksar exceptionally reserves the right to cancel a reservation within 24 hours after the reservation online. In this case the customer’s card will not be debited. The reservation contract may be terminated as of right by the hotel, without that this can give rise to a payment of damages and interest to customers in case of an event of force majeure, or in the event of impossibility of operation of the hotel in accordance with hotel standards commonly accepted to a cause not attributable to the hotelier, in particular in the case of non opening (natural disaster, partial or total strike, technical problems..), as well as in case of cessation of payment of the customer. The Riad Al Ksar will not incur any responsibility for all consequential damages linked to the termination (operating loss, loss of profit, loss of chance, damage, costs…)
Termination of the external activities because of the seller
If Sarl Riad Al Ksar or its Suppliers were forced to cancel your external activities or circuits, for climatic reasons or force majeure, client would be notified immediately, and the whole amount already paid would immediately be returned. When client reserves a circuit/trip/excursion, the realization of which is subject to a minimum number of participants, its booking is concluded under the condition precedent that the minimum number of participants is reached. In case of cancellation for lack of participants, no later than 15 days before the date of the departure, the customer will not be entitled to any compensation.
6 – Responsibilities
The responsibility of the Riad Al Ksar cannot be accepted if the poor execution of the stay is attributable to the client himself, or to the unpredictable and insurmountable fact of a foreign third party for the services reserved. It is up to each customer to inform themselves ( before its reservation), on the potential local events such as carnivals, festivals and religious rites, national feasts and bank holiday that could affect the smooth running of their stay. The host will not be held responsible for incidental cases of force majeure or nuisance that can disturb, interrupt, and prevent the stay.
Any degradation made by the client in the room during his stay will be charged.
Disclaimer and Limitation of responsibilities linked to the sale of external activities
The responsibility of Riad Al Ksar/www.alksar.com is limited. Riad Al Ksar/www.alksar.com acts only as an agent for clients in all functions related to the excursions, tourist attractions, reservations for hotels and accommodations around and outside of Marrakech, restaurants, meals and external services, sightseeing and transport of any nature, and declines any responsibility in case of injury, loss, damage, accident, delay or inconvenience which could take place either by cause of defect or for any cause non-attributable to Riad Al Ksar/www.alksar.com.
Riad Al Ksar/www.alksar.com disclaims any responsibility for the loss or the additional costs generated by the delay or a change of schedule or other causes.
Riad Al Ksar/www.alksar.com and its Suppliers reserve the right to vary the routes in order to improve each visit, to the satisfaction and the benefit of the participants.
Riad Al Ksar/www.alksar.com Com and its suppliers reserve the right to cancel or change the schedule in accordance with the requirements of operation.
7 – Processing of claims and disputes
Any claim for failure to perform or improper performance of the contract of sale must be reported on the spot at the Riad Al Ksar, outlining your objections, in the 2 hours following their discovery. If the complaint cannot be resolved on the spot, the client must send a letter under 28 days after his arrival, detailing its claim. Past this time, no complaint will be taken into account. The customer may not claim any compensation in the event of urgent repairs to be performed during his stay in the inside of the room or the whole accommodation.
The data recorded by Riad Al Ksar on the site www.alksar.com constitute the proof of the whole transactions contracted between Riad Al Ksar and its clients. The data recorded by the payment system constitutes proof of financial transactions. Any dispute concerning the interpretation or the execution of the contract and which would not have been able to be the subject of an amicable settlement will be brought in front of the Tribunal of Marrakech.
The language of the contract of sale is the French language
8 – Protection of Personal Information
The information that you communicate to us during your order will not be transmitted to any third party, except of the suppliers of the services that you have ordered. The information will be considered by the company Riad Al Ksar and by its suppliers as being confidential. They will be used only by internal services of the company Riad Al Ksar and its suppliers, for the processing of your order and to reinforce and personalize communication and the offer of services reserved to clients. In accordance with the Computer and Freedom Act of January 6, 1978, you have a right of access, of correction, and opposition to the personal data concerning yourself. For that it is possible to make a request online or by mail by indicating your name, first name, address.
9 – Intellectual Property & Photos
The Riad Al Ksar, through its site www.alksar.com, made the best efforts to provide photos and illustrations giving you an overview of the accommodation offered by the hotel. These photos and illustrations are for the purpose to indicate/show you the degree of comfort or the category of the hotel. In no case photos are not contractual.
” Riad Al Ksar” and www.alksar.com are names deposited in agreement with the laws governing the ownership of rights of literary and artistic works, all elements, texts, images, photographs, trademarks, designs, models, logos, graphics, etc… present on the different media such as the site www.alksar.com , as on all other media on which the Riad Al Ksar is present (tariff listing, guides, brochures, etc.), as well as their compilation, are the exclusive property of the Riad Al Ksar, Riad Al Ksar does not give license, nor any right other than the right to consult the different media available. The reproduction or use of all or part of those elements is only allowed for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited. Any other use constitutes infringement and is punishable under the Intellectual Property, except prior and written authorization of the Riad Al Ksar.
10 – Modification of the General Terms and Conditions of sale
Taking account of possible developments, the Riad Al Ksar reserves the possibility to adapt or modify at any time these present General Terms and Conditions of sale. The new General Terms and conditions of sale will be, where appropriate, brought to the knowledge of the customer by modification of the Internet site and the different media when their reissue. Those new conditions will be applicable only to sales and orders made subsequent to the amendment.